Common use of Method of Adjustment for CPI Adjustment Clause in Contracts

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "PRIOR Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. Seventy-five percent (75%) of the product of such multiplication shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "BEGINNING CPI" shall mean the average CPI for the three (3) calendar months corresponding to the Prior Months, but occurring three (3) years earlier. If the average CPI determined in clause (i) is the same or less than the Beginning CPI, the Basic Rent will remain the same for the ensuing three (3) year period.

Appears in 1 contract

Samples: Lease Agreement (Sentry Technology Corp)

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Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "PRIOR Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI 45 has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. Seventy-five percent An amount equal to the lesser of (75%x) of the product of such multiplication or 12.55% of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. .] As used herein, "BEGINNING Beginning CPI" shall mean the average CPI for the three (3) calendar months corresponding to the Prior Months, Months but occurring three (3) years earlier. If the average CPI determined in clause (i) is the same or less than the Beginning CPI, the Basic Rent will remain the same for the ensuing three (3) year period.four

Appears in 1 contract

Samples: Lease Agreement (Corporate Property Associates 12 Inc)

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "PRIOR MonthsMONTHS") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. Seventy-five percent An amount equal to the lesser of (75%x) of the product of such multiplication or 5% of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date; provided, however, that if for any two (2) year period the percentage increase in the CPI is less than 5% the difference between 5%, and the actual percentage increase shall be carried forward for purposes of calculating subsequent Basic Rent increases. As used herein, "BEGINNING CPI" shall mean the average CPI for the three (3) calendar months corresponding to the Prior Months, but occurring three five (35) years earlier. If the average CPI determined in clause (i) is the same or less than the Beginning CPI, the Basic Rent will remain the same for the ensuing three two (32) year period.

Appears in 1 contract

Samples: Lease Agreement (Atrium Corp)

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "PRIOR Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent 59 Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. Seventy-five percent An amount equal to the lesser of: (75%x) of the product of such multiplication multiplication; or (y) 18.77% of the Basic Rent in effect immediately prior to such Basic Rent in effect immediately prior to such Basic Rent Adjustment Date shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "BEGINNING Beginning CPI" shall mean the average CPI for the three (3) calendar months corresponding to the Prior Months, but occurring three five (35) years earlier. If the average CPI determined in clause (i) is the same or less than the Beginning CPI, the Basic Rent will remain the same for the ensuing three five (35) year period.

Appears in 1 contract

Samples: Lease Agreement (Corporate Property Associates 12 Inc)

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "PRIOR “Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. Seventy-five percent (75%) of the [The product of such multiplication shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date or an amount equal to the lesser of (x) [________________% of] the product of such multiplication or (y) ________________% of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. .] As used herein, "BEGINNING CPI" shall mean the average CPI for the three (3) calendar months corresponding to the Prior Months, but occurring three (3) years earlier. If the average CPI determined in clause (i) is the same or less than the Beginning CPI, the Basic Rent will remain the same for the ensuing three (3) year period.

Appears in 1 contract

Samples: Lease Agreement

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "PRIOR “Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. Seventy-five percent An amount equal to the greater of (75%x) of the product of such multiplication or (y) two percent (2%) of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "BEGINNING “Beginning CPI" shall mean ” means the average CPI for the three (3) calendar months corresponding to the Prior Months, but occurring three one (3) years earlier. If the average CPI determined in clause (i) is the same or less than the Beginning CPI, the Basic Rent will remain the same for the ensuing three (31) year periodearlier.

Appears in 1 contract

Samples: Lease Agreement (Claires Stores Inc)

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "PRIOR Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. Seventy-five percent An amount equal to the lesser of (75%x) of the product of such multiplication or (A) 12.5% of the Basic Rent in effect immediately prior to the First Adjustment Date shall be added to the Basic Rent in effect immediately prior to the First Adjustment Date and (B) 5% of the Basic Rent in effect immediately prior to each Basic Rent Adjustment Date subsequent to the First Adjustment Date shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein; provided, "BEGINNING CPI" shall mean the average CPI for the three (3) calendar months corresponding however, that with respect to the Prior Months, but occurring three (3) years earlier. If first increase in Basic Rent the average increase in the CPI determined in clause (i) is the same or less than 12.5% or if with respect to any subsequent increase in Basic Rent the Beginning CPIincrease in the CPI is less than 5%, the Basic Rent will remain the same for the ensuing three (3) year period.difference between

Appears in 1 contract

Samples: Lease Agreement (Atrium Corp)

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Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "PRIOR Prior Months") ending prior to such Basic Rent ------------ Adjustment Date for which the CPI has been published on or before the forty-forty- fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. Seventy-five percent An amount equal to the lesser of (75%x) of the product of such multiplication or 13.30% of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "BEGINNING Beginning CPI" shall mean the average CPI for ------------- the three (3) calendar months corresponding to the Prior Months, but occurring three (3) years earlier. If the average CPI determined in clause (i) is the same or less than the Beginning CPI, the Basic Rent will remain the same for the ensuing three (3) year period.

Appears in 1 contract

Samples: Lease Agreement (Compucom Systems Inc)

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "PRIOR Rent CIP Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. Seventy-five percent (75%) An amount equal to the lesser of the product of such multiplication or three percent (3%) of the Basic Rent in effect immediately prior to each Basic Rent Adjustment Date shall be added to the Basic Rent in effect immediately prior to such the applicable Basic Rent Adjustment Date. As used herein, "BEGINNING Beginning CPI" shall mean the average CPI for the three (3) calendar months corresponding to the Rent CPI Prior Months, but occurring three one (31) years earlieryear earlier with respect to each Basic Rent Adjustment. If the average CPI determined in clause (i) is the same or less than the Beginning CPI, the Basic Rent will remain the same for the ensuing three one (31) year period.

Appears in 1 contract

Samples: Lease Agreement (Rockwood Specialties Group Inc)

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "PRIOR “Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. Seventy-five percent On the Initial Adjustment Date, an amount equal to the lesser of (75%x) the product of such multiplication or 5.78% of the Basic Rent in effect immediately prior to the Initial Adjustment Date shall be added to the Basic Rent in effect immediately prior to the Initial Adjustment Date. On each Basic Rent Adjustment Date after the Initial Adjustment Date, an amount equal to the lesser of the product of such multiplication or 1.89% of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "BEGINNING CPI" shall mean the average CPI for the three (3) calendar months corresponding to the Prior Months, but occurring three (3) years earlier. If the average CPI determined in clause (i) is the same or less than the Beginning CPI, the Basic Rent will remain the same for the ensuing three (3) year period.

Appears in 1 contract

Samples: Sublease (American Bank Note Holographics Inc)

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "PRIOR MonthsMONTHS") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. Seventy-five percent An amount equal to the lesser of (75%x) of the product of such multiplication or 10.07% of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "BEGINNING CPI" shall mean the average CPI for the three (3) calendar months corresponding to the Prior Months, but occurring three (3) years earlier. If the average CPI determined in clause (i) is the same or less than the Beginning CPI, the Basic Rent will remain the same for the ensuing three (3) year period.

Appears in 1 contract

Samples: Lease Agreement (Foster Wheeler LTD)

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